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Organ trafficking serious crime against humanity: Kerala HC

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Organ trafficking serious crime against humanity: Kerala HC

Kochi, Aug 11 The Kerala High Court on Tuesday denied bail to a 53-year-old man accused of being engaged in organ trafficking, saying it was a serious crime against humanity and society at large.


Justice Kauser Edappagath, while denying the relief to accused Muhammed Najeeb Kallatra, said that illegal organ trafficking exploits vulnerable populations, fuels transnational crime networks, and undermines public trust in legitimate medical systems.


The court said that due to a severe shortage of legal donor organs, impoverished and marginalised individuals are frequently coerced or tricked into selling body parts for minimal financial gain.


As a result, they have to suffer long-term physical health complications without proper medical aftercare, it said.


It further observed that illegal organ trading corrupts healthcare professionals and institutions and "makes the public skeptical of the legitimate, lifesaving, altruistic organ donation programmes".


The court said that the investigation so far revealed that the applicant (accused), while operating a firm called Kallatharas Medical Tourism Private Ltd., "was engaged in organised illegal organ trafficking under the guise of lawful organ donation".


"He has forged, with the help of the remaining accused, the documents required to be produced before the Authorisation Committee. The investigation is in progress to identify the remaining conspirators, the middlemen, facilitators, financial beneficiaries, hospitals, and other persons involved in the organised illegal human trafficking network, and to ascertain the inter-state ramifications of the criminal conspiracy," the court noted.


It also noted that the accused has criminal antecedents and was involved in several similar offences as well as various other criminal cases.


"Considering the nature of the crime, the gravity of the offence, the complicity of the applicant (accused) in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed," Justice Edappagath said.


According to the prosecution, Kallatra was the main accused in an organ trafficking case registered at Vadakkekkara Police Station in Ernakulam District and was booked for various offences under the Bharatiya Nyaya Sanhita, 2023 and the Transplantation of Human Organs and Tissues Act, 1994.


The prosecution had told the court that the accused was operating his medical tourism firm with the intention of making unlawful profit through illegal organ trade.


It had also claimed that the accused had forged medical certificates in the names of two district hospital doctors from Thodupuzha and Kanjangad and by affixing their forged seals and signatures on those documents.

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